Divorce Lawyer Austin

Divorce costs in Austin vary based on the nature of the case. An uncontested divorce where both spouses agree on all terms is significantly less expensive than a contested divorce requiring court hearings and extensive negotiation. For uncontested cases, costs typically involve attorney fees for document preparation and court filing fees. Contested cases — particularly those involving disputed custody, complex assets like tech equity compensation, or business valuations — can involve considerably higher fees due to the additional legal work involved.

At Daniel Ogbeide Law, we provide complete transparency about fees during your free initial consultation. We believe Austin residents deserve to make an informed decision about legal representation without financial surprises. We discuss fee structures upfront and work with clients to find an approach that is realistic for their situation.

Texas law imposes a 60-day waiting period between the filing of a divorce petition and the date the divorce can be finalized by a judge. This is a hard floor — no divorce in Texas can be completed faster regardless of how cooperative both parties are.

In practice, uncontested divorces in Austin are often finalized within three to four months once all documents are prepared and filed correctly. Contested divorces, especially those with custody disputes or significant property disagreements, routinely take between eight months and two years in Travis County. The timeline depends heavily on court scheduling, the complexity of the issues involved, and how effectively the parties and their attorneys are able to move toward resolution.

Texas is a community property state, but that does not mean property is automatically split 50/50 in every divorce. Texas law requires that community property be divided in a manner that is “just and right” — which the court interprets based on all relevant circumstances, including each spouse’s earning capacity, fault in the breakdown of the marriage (in some cases), health, education, and the needs of any children.

In practice, many Texas divorces do result in roughly equal division of community assets — but that is not guaranteed, and the specific facts of your case matter enormously. Separate property, which includes assets owned before the marriage and certain gifts and inheritances, is generally not subject to division at all.

This is one of the most Austin-specific divorce questions we receive, and it is an important one. Many Austin professionals receive significant compensation in the form of RSUs (restricted stock units), stock options, or other equity awards from their employers. How these assets are treated in a divorce depends on when they were granted and when they vested.

The portion of equity compensation that was earned during the marriage is generally considered community property subject to division. Grants that predate the marriage or vest after the divorce may be characterized differently. The analysis can be complex, particularly when equity awards span periods both inside and outside the marriage. Our attorneys work with financial experts when necessary to ensure Austin tech professionals receive a fair assessment of these assets.

Travis County courts, like all Texas courts, make custody decisions based on the best interests of the child. The standard presumption in Texas is that joint managing conservatorship — meaning both parents share legal decision-making authority — is appropriate unless there is a compelling reason otherwise, such as a history of family violence or substance abuse.

Possession schedules (the physical time each parent spends with the child) are determined separately and can follow the Texas Standard Possession Order or a customized arrangement agreed upon by the parents. Travis County courts generally look favorably on parenting plans that allow both parents meaningful involvement in the child’s life, assuming both parents are fit and willing.